When the cops came knocking on your door, why didn't you just open the door?
Just for fun I'm gonna pretend you've got a claim here...
Police trying to set aside subpoena? Road blocks. Maybe it hints at the fact you've got a case (you dont) but the cops are gonna use all they can to stall and cost you $$$ all the way.
But why didn't you just open the door?
So your top notch ambulance chaser, oops solicitor... Hasn't told you that even if you win, you're gonna lose. YOU are gonna lose not your solicitor. They always win $. See I reckon, maybe just maybe Atticus is right. You're gonna smash this and there is gonna be a huge pot of gold at the end. By way of big, I mean huge. I reckon maybe $4000 enough for a new flat screen tv and sound system kinda huge. So I did some research. There is a link to the article I'm quoting from at the bottom of my rant.
A woman detained and strip searched in a night club scored $10 000. It was noted in that case the cops overstreached in their actions and the woman was of good character, had not acted improperly. Basically the cops had no reason to suspect the woman of having committed a crime. She was a complete random. Cops had no reason to suspect her of anything. The cops clearly did have a reason to suspect you of breach of avo....
But why didn't you just open the door?
So since I've read the article, which Im guessing you wont I've quoted the bit below...
"Ultimately what the Tasty Nightclub case demonstrates once again is that obtaining substantial damages against police is very difficult even when a plaintiff is found to be of good character, to have acted in no way improperly and to have been seriously harmed by police malfeasance" wow - you wanna read that again. VERY DIFFICULT - even whe the plaintiff is found TO BE OF GOOD CHARACTER.
Lets look at another case
"The case of Henry v Thompson (1989) Aust Torts Rep 80-255 at 68,826 is a further example of the pattern of low damages awards against Australian police. Exemplary damages were awarded but only in the sum of $10,000 (in addition to $5000 ordinary damages and $10,000 aggravated damages) in face of truly vile torture of an Aboriginal man by Queensland police. They gratuitously punched, kicked and jumped up and down on their suspect, who was taken into custody for use of indecent language, and then a constable urinated on him, while two sergeants did nothing to prevent what the Court found to be a ‘cowardly and unseemly assault’. The police appealed against the amount of the award! Even though their appeal was unsuccessful, the award against the police sent a truly mixed message to the community by being of such moderate dimensions." fark ME - The cops appealed? wow.
Ok so 1989 - Allowing for inflation... I reckon $80 000 and once you take out legal fees you'll walk away with enough to buy a stack hat for the next time the cops visit. There was another case (you can read the article) where a fella scored over $100 000. But that fella was shot by the police and left a quadraplegic. WTF? The cops were found negligent....
But why didn't you just open the door? See I do think in your case it is going to be found the cops were executing their duty and the moment you refused to open the door was the moment your case falls apart.
BTW the article also states you've got NUFFINK as far as seeking personal damages directly against the individuals cops. And IMO you're barking mad. See Constable Craig and his mate Senior Constable Steve are indemnified by their employer. But that hasn't stopped you seeking their personal addresses. HELL NO. But let’s pretend, just for fun. You try and sue them personally for damages. They’re cops. They earn about $100 000 a year I guess. So I’m guessing they’re not gonna have the financial capacity to pay you out the huge pot of gold that doesn’t exist.
BUT WHY DIDN’T YOU JUST OPEN THE DOOR?